Terms of Business Agreement

TERMS OF BUSINESS AGREEMENTBETWEEN PREMIUM CHOICE LIMITED TRADING AS ‘A CHOICE’
AND THE POLICYHOLDER

This document provides important information about who we are and how we deal with your Insurances.

These Terms of Business outline the terms and conditions on which we agree to act for you and contain details of both our and your responsibilities. It is important that you take time to read these carefully as by requesting a quote and/or asking us to handle or arrange your insurances, you are providing your informed consent to these Terms of Business.

If there is any element of these Terms of Business that you do not understand or would like to discuss, please contact us immediately.

In the interests of security, ongoing staff training and development and to continually improve the service and products we offer please be aware that telephone calls will be monitored and/or recorded. We may also use layered voice analysis for quality assurance and policy validation.

1. Definitions
Throughout these Terms of Business, the following definitions apply:

‘You’ or ‘your’ means you.

‘We’ or ‘us’ or ‘our’ means Premium Choice Limited.

2. Who is A Choice?
A Choice is a trading style of Premium Choice Limited.

Premium Choice is an Independent Insurance Broker that is registered in England, registration number 3845329 and based at Pendeford House, Pendeford Business Park, Overstrand, Wolverhampton WV9 5AP.
Our permitted business activities are advising, making arrangements with a view to transactions, dealing as agent, assisting in the administration and performance of a contract and agreeing to carry out regulated activities in respect of General Insurance contracts.

Premium Choice Limited is Authorised and Regulated by the Financial Conduct Authority, number 312245.

The Financial Conduct Authority (FCA) is an independent body that regulates the UK financial services industry. Our details may be confirmed by searching the FCA’s Register; www.fca.org.uk or by phoning the FCA. You can call the FCA on 0800 111 6768 or 0300 500 8082 from 8am to 6pm, Monday to Friday (except public holidays) and 9am to 1pm, Saturday. From abroad you can call them on +44 207 066 1000.

3. Our Service
Premium Choice create, manage and distribute Insurance Products and Services and operate on both an advised sale and non-advised sale basis.

The difference between the two is mainly that where we operate on an advised basis we will make a personal recommendation to you and will explain to you why and how a particular product or service that we recommend will meet your needs. This advice will be specific to your circumstances and will not be generic.

Where we operate on a non-advised basis is where no personal recommendation is provided to you and you make your own informed decision about whether a product is suitable for your needs.

Essentially, whenever you speak to us directly about your insurance needs, we are operating on an advised basis and whenever you are managing your own insurances on-line, without our assistance, we are operating on a non-advised basis.

Whenever we are operating on an advised basis, we do so having completed a fair analysis and assessment of your needs. We provide advice relating to contracts of insurance having completed an analysis of a large number of products available on the market. A list of Insurers are available upon request.

We will ask you a series of questions in order for us to provide you with appropriate information about a policy in good time and in a comprehensible form so that you can make an informed decision about the arrangements proposed.

We will ensure that prior to purchasing any policy of insurance that we recommend, we discuss with you the policy terms, including its main benefits, exclusions, limitations, conditions and its duration.

We do not guarantee the ongoing ability or solvency of any insurer we place business with to meet their contractual obligations neither do we accept any liability for any losses that you may incur arising directly or indirectly from the financial failure of any insurer.

Quotations are valid on the day that they are provided, unless advised by us to the contrary or unless otherwise stated.

At all times, we are not under any contractual obligation to provide you with Insurance Products and/or services.

4. Your ResponsibilitiesPersonal Customers (Consumers)
A consumer is any natural person who is acting for purposes which are outside his or her trade or profession. If you are dealing with us in a Personal capacity (as an individual) you are responsible for answering any questions in relation to any proposal for insurance cover honestly and to the best of your knowledge, providing complete and accurate information at all times. This also applies to your responses in relation to any assumptions you may agree to in the process of applying for insurance cover.

This is particularly important before taking out a policy but also at renewal or if your make a mid-term amendment to your policy. If you fail to disclose information, or misrepresent any fact which may influence the insurer’s decision to accept the risk or the terms offered, this could invalidate the policy and mean that claims may not be paid.

It is important that you read all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. You must check all details on your Statement of Facts and pay particular attention to any declaration you may be asked to sign.

You must check all documentation issued to you to ensure the details are correct and the insurance cover provided meets your requirements.

You must comply with the terms and conditions of the insurance policy you purchase including any matters where the insurer makes cover subject to your compliance with conditions or with express or implied warranties.

Failure to comply may entitle the insurer to cancel your insurance contract and/or risks a claim you make not being paid in part or in full.

You must inform us immediately of any changes in circumstances which may affect the services provided by us or the cover provided by your policy.

If you are unsure about any matter, please contact us for help.

Please also note, unless your policy confirms otherwise, the rights under your policy may only be pursued in an English court.

Commercial Customers
A commercial customer is a customer who is not a consumer. If you are dealing with us in a commercial capacity (not as a consumer) then you are under a duty of fair presentation. You are required to disclose every matter which you know, or ought to know, that would influence the judgement of an insurer in deciding whether to insure the risk and on what terms.

If you are unsure whether a matter is relevant or not you should provide sufficient information to put an insurer on notice that it needs to make further enquiries should it consider it necessary.”

5. Payment of your Insurance Premium
For new policies taken out, we must receive your payment before cover commences.

A charge may apply to payments made by credit card and this will be confirmed to you at the time of incepting or renewing your insurance. We will not however charge you any more than the direct costs of processing the transaction when you make payment by credit card.

We shall be entitled (but not obliged) without providing notice to you to set off any amounts due to us from you, against any amounts which we may receive on your behalf (i.e. claims moneys, refunded premiums and other sums).

It is important for you to understand that non-payment of your premium, either in full or partially or a default on a credit agreement may result in the cancellation or lapsing of your policy by us. If you default on a credit agreement and we are unable to make contact with you to discuss the circumstances of the default we shall be entitled to provide you with 7 days-notice of cancellation of your policy.

If we cancel your policy as a result of your non-payment of premium, we will be entitled to retain all commission received for conducting these transactions, together with all fees charged by us for services provided. You will also be liable for any charges the insurer may make in respect of their time on risk and any cancelation and/or administration charges that may apply.

We use a third party to collect and store payment card information in accordance with industry standards and operate a Continuous Payment Authority to help assist you in the reconciliation of your accounts.

6. Continuous Payment Authority
Whenever you provide us with your credit and/or debit card details you are entering into a continuous payment authority. A continuous payment authority gives us the right to:

Take payments from your card on a date of our choosing;

Take payments from your card for different amounts

We reserve the right to use the continuous payment authority to collect payment for mid-term changes, defaulted instalments and balances due to us following policy cancellation. Where we intend to use the continuous payment authority, we will inform you in advance of doing so.

If a payment request is unsuccessful, we will make a maximum of 2 further collection attempts within a 30 day period. You can make alternative arrangements to pay any money owed by calling us on 0121 749 8901.

Where a third party has made payments on your behalf by using their credit or debit card, we reserve the right to collect any overdue amounts from the card registered with us. If anyone has made card payments on your behalf we would ask that you let them know that we may collect any outstanding balances that you owe from their card.

This authority can be cancelled at any time by contacting us and letting us know that you would like to withdraw your permission for money to be taken from your card. You also have the right to cancel the authority directly with your card issuer.

7. Making Changes and Amendments to your Policy
Amendments to policies may be arranged and continuation of cover is subject to acceptance by insurers and payment of any additional premium required inclusive of Insurance Premium Tax (IPT) at the prevailing rate.

We may also charge you a fee to cover our costs when making changes to your policy. Our standard table of charges are set out below and are subject to variation depending on your specific requirements.

Where we are required to undertake additional activities on your behalf that require us to spend more time assisting you with your requirements, we reserve the right to apply an increased charge for our services. We will agree this with you during the sale or transaction.

The current scale of fees that apply for when you make changes to your policy are detailed below.

Type of Change

Fee Charged

Reason for the fee

Policy Arrangement

Up to £50

To cover our costs in setting up a policy where the premium is at a level that the commission that we receive does not cover the actual costs in our setting up of your policy

Policy Changes
(Change of Address, Change of Vehicle, Change of Driver and any temporary changes to your policy)

£45

To cover our costs in administering the underwriting changes made to your policy

Change of Registration Number and requests for duplicate documentation

£20

To cover our costs in administering the changes made to your policy that do not require the involvement of an insurer/underwriter

Validation Changes Amendments to your policy following changes made during the validation process

£50

To cover the increased cost in making further changes to your policy following anomalies identified during the policy validation process (which involves checking all the information provided by you in relation to your policy is accurate and liaison with insurers/underwriters as required)

Cancellation of Policy Cancellation of your policy at any point

£50

To cover our costs in setting up your policy, subsequently cancelling it and administering any insurer/underwriter liaison and time on risk charges, any finance company liaison and any return of premium calculations or seeking recovery of any outstanding monies due

Debt Recovery Charges
Referral of Outstanding Debt

£75

There will be an administration fee of £75 to cover our costs in referring your outstanding debt to a debt collection agency or service

Cancellation of Policy due to Non-Disclosure, Misrepresentation and/or Voidance

£100

In the event that your insurance has to be cancelled and/or declared void for deliberate misrepresentation or fraud, we will charge you £100 for the costs incurred in setting up, validating and cancelling your policy and liaising with any other authority as required

We review our fees on a regular basis to ensure they remain in line with the market and reflect the costs that we incur in processing changes.

8. Renewal of your Policy
When your policy is due for renewal we may offer to renew it for you automatically, to ensure continuity of cover, using the payment details that you have already provided to us.

It is not always possible for us to be able to automatically renew your insurance as there may be certain circumstances (change in your risk details, changes with an Insurance Company, Product changes, etc) that prevent your insurance from being automatically renewed. In these circumstances we will need to discuss your policy with you before your renewal date or your policy will not renew.

We will contact you prior to your renewal date to confirm whether we are able to offer automatic renewal or whether we need to speak to you.

Where we are able to offer renewal of your policy, we will confirm your renewal premium and policy terms before taking any payment.

If we are unable to offer any renewal terms, we will write to you at the last known address we have for you to let you know.

9. Credit and Other Searches
When applying for a loan to facilitate payment of your premium by instalment facilities, your application for credit will be passed to the credit provider who in assessing your application may search public information held by a credit reference agency about you. These checks will include electoral roll and credit information.

The credit reference agency will add details of the search and your application to their record about you whether or not your application proceeds. These searches won’t harm your credit profile or adversely affect your credit profile however will be registered as general insurance searches and may be viewed by other companies when you apply for credit or insurance.

We may undertake a credit check with credit reference agencies, fraud prevention agencies, and other public and privately available sources of information.

9.2 Fraud Detection and Prevention
We work hard to detect and prevent fraud and other financial crimes and employ specialist teams that enables us to validate information that is provided to us.

To prevent and detect Insurance fraud and fraudulent transactions we may, at any time, check, share and record any information provided by you with Fraud Prevention Agencies, Public Bodies, including the police and this may extend to use information that is recorded by Fraud Prevention Agencies in other countries.

If we are provided with inaccurate and/or fraudulent information and we identify fraud then we will record and share this information and take all necessary action required. This information may also be shared with other companies that are also registered with the respective Fraud Prevention Agencies.

A list of all the fraud prevention agencies that we use can be made available upon reasonable request by writing to the Compliance Director at Premium Choice Limited, Pendeford House, Pendeford Business Park, Overstrand, Wolverhampton. WV9 5AP, quoting your policy number reference.

9.3 Policy Validation
To help us in our continued effort to reduce Insurance fraud and to ensure the information we hold is accurate, we will validate the information that you provide us with and will also request information from you to assist in the validation process.

We have a large validations teams who are employed to help you and ensure that your policy details are correct. There may, on occasions, be times where we will have to make a correction to your policy as a result of further information obtained during the validation process and there may be an additional premium to pay as well as our administration fee.

In certain cases the validation process may identify issues where Insurers may be unable to continue the policy or had they known the correct information, they would not have accepted the policy. In these cases the policy may be cancelled or in more serious cases declared void and of no effect since its inception.

If your policy is voided or cancelled as a result of information established during the validation process please be aware charges may apply. If a change is made to your policy following validation because of different information, we will charge an administration fee and any additional premium that may be applicable.

Where you are unable to provide documentation that we request, in order to complete the validation of your policy, we reserve the right to cancel your policy.

Please remember it is your responsibility to check you have answered every question we ask honestly and accurately before buying your policy.

You have the right to see the information we hold about you. This is called Subject Access Request. If you would like a copy of your information, please write to the Compliance Director at Premium Choice Limited, Pendeford House, Pendeford Business Park, Overstrand, Wolverhampton WV9 5AP, quoting your policy number reference.

A fee of £10 will be payable and we will provide information within 40 days of receiving your written request.

We comply with the principles of the Data Protection Act 1998 and aim to maintain best-practice standards in our processing of personal and/or sensitive personal data.

10. Electronic Communications
We may correspond with you via e-mail, telephone, SMS, social media channels and other forms of electronic media. By providing your e-mail address and telephone details you are consenting to us communicating with you electronically and digitally.

If you e-mail a request to arrange insurance cover, or to amend any details under an existing policy, cover will not be effective until your request has been accepted by us and we have confirmed this.

By accepting our e-mail you agree that a contract made electronically is concluded at the place and at the time which the message containing the acceptance of an offer has been received.

You must take reasonable steps to ensure that the messages are complete and accurate and are secure against being altered in the course of transmission and are free from harmful viruses.

We will use information about you and that of others named on your policy to ensure compliance with financial sanctions in effect in the UK and internationally. This will include the checking of your information against the HM Treasury list of financial sanctions targets as well as other publically available sanctions lists.

We are obliged to report to the Serious Organised Crime Agency any evidence or suspicion of financial crime at the first opportunity and we are prohibited from disclosing any such report.

We do not allow our employees or other persons engaged by them to be either influenced or influence others in respect of making or receiving undue payments or privileges from or to insurers or clients.

In addition, we may make individual charges to solely cover the administration for policies that are incepted, amended or cancelled mid-term. We do not make any charges for preparing and discussing the renewal of your policy.

Some insurers may make additional payments to us which reflect the profitability of our account with them and/or in respect of other work that we may undertake on their behalf. We may also receive income that is derived from arranging Insurance premium financing.

13. Cancelling your Policy
Once we have arranged your insurance cover and have processed your policy documentation you have a statutory right to cancel this insurance within an initial period of 14 days. If you wish to cancel your policy then you will need to contact our customer services team. Subject to the cancellation terms of your policy, a refund of premium may be available. We aim to process all refunds within 30 days of receipt of notice of cancellation.

Details of any applicable cancellation terms and charges will be found in your policy documents.

We will make a charge for our administration fees if your policy is cancelled. If we decide to cancel your policy, we will provide you with 7 days-notice of our intentions. This will either be by telephone, sent by email and/or post to your last known email and/or postal address that we have on file.

Our commission (up to 15% of the policy premium amount) and/or our fees are fully earned from the date that your insurance cover commences and may not therefore be refundable in the event of cancellation or early termination of a policy.

14. Third Party Costs
You should be aware that any costs incurred by us from a third party such as a debt collection agency, legal professional or bailiff incurred in the course of collecting a debt from you will be added to the overall amount of debt outstanding.

15. Handling Client and Insurer Money
We hold your premium (payments or refunds) in an account as agents of the insurer. It is considered as being held by the insurer whilst in this account – this is known as ‘risk transfer’.

While it is in the account, your money cannot be used for any purpose other than paying the insurers or any brokers through whom we may have arranged your insurance, or in the case of premium refunds, returning the money to you.

Any interest that we may earn on the account is retained by us.

16. Confidentiality and Security
We will always ensure that any information you provide to us is treated as private and confidential by us.

We will not discuss or take instructions to act on your insurance arrangements from anyone else unless you have provided your prior permission.

In addition, any information that you have provided will not be provided to anyone else unless we have your prior written permission to do so or are required by a regulatory body, by law or are required to do so in the normal course of arranging your insurance, claims or other services we may provide to you.

17. Keeping you up to date with relevant insurance related products and services
We may, from time-to-time, make contact with you to provide information in relation to special offers or bring your attention to other products or services that we supply or are supplied by carefully selected Third Parties.

We comply with the principles of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 at all times. Please notify us in writing or send an email to customerservices@premiumchoice.co.uk if you do not wish your details to be used for any of these purposes.

18. Complaints
It is our aim to try and always provide you with a very high level of customer service however if you feel dissatisfied in any way with the service you have received we would like to hear from you.

We will do everything we can to rectify the problem immediately but if we are unable to do so your complaint will be dealt with in accordance with our formal Complaints Procedure, a copy of which will be provided to you upon receipt of your complaint.

If your complaint relates to an insurer that is part of a Lloyds syndicate then you may wish to complain to them directly. If you are in any doubt if your insurer is part of a Lloyds syndicate then we will be happy to help. If you wish to ask Lloyd’s to investigate your complaint you may do so:

If you remain dissatisfied with our final decision or more than 8 weeks have passed since receipt of your complaint then you may approach the Financial Ombudsman Service, details of which can be found at www.financial-ombudsman.org.uk

19. Compensation
We are a member of and covered by the Financial Services Compensation Scheme (FSCS). If we are unable to meet our obligations you may be entitled to compensation from the scheme. Full details and further information on the scheme are available at www.fscs.org.uk

20. Rights of Third Parties
No provision of this Terms of Business is enforceable under the Contracts (Rights of Third parties) Act 1999 by any person other than you or us.

21. Severability
If any provision of these Terms of Business is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms of Business and the remainder of the provision in question will not be affected.

22. Force Majeure
We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is
(a) beyond our reasonable control,
(b) materially affects the performance of any of our obligations under this agreement, and
(c) could not reasonably have been foreseen or provided against.

23. Variations
We reserve the right to update these terms from time to time without notice to you. We recommend you regularly revisit this page to ensure you have seen and are aware of our latest terms.